(2) If the Contractor has informed the Contractor that the government-wide commercial acquisition card is no longer an authorized method of payment, the Contractor shall make such claims for payment in accordance with the Contractor`s instructions during the period during which the acquisition card is not authorized. 2.1.5 Except as otherwise provided or permitted by law and subject to the applicable exceptions, limitations, exceptions and/or exclusions set forth in the CCPA or applicable data protection laws, PayPal is prohibited from collecting, retaining, using, selling or disclosing personal information except as necessary for the provision of the payment processing services specified in the agreement between the parties. 2.2 Braintree will comply with the requirements of data protection laws applicable to controllers with respect to the use of Market Data under this Agreement (including, but not limited to, implementing and maintaining all appropriate security measures in connection with the processing of Merchant Data and keeping a record of all processing activities carried out in connection with the Merchant Data) and will not do so knowingly. do or authorize anything in connection with the merchant`s data that could lead to a violation by the merchant of data protection laws. (i) For the sole purpose of calculating any interest penalty to which the Contractor may be entitled, the consent or approval of the Government shall be deemed constructive, as specified in paragraphs (a) (4) (i) (A) and (B) of this clause. If the actual acceptance or approval is made during the period of acceptance or constructive approval, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. The requirements for constructive acceptance or constructive approval do not apply in the event of disagreement on quantity, quality, compliance with a contractual provision by the contractor or the amounts of advance payment requested. Nor do these requirements require government officials to accept work or services, approve contractor estimates, perform contract management functions, or make payments before fulfilling their responsibilities. (5) Calculation of the amount of the penalty. The government calculates the interest penalty in accordance with the regulations of the Office of Management and Budget for immediate payment at 5 CFR Part 1315. (i) Restriction due to undefined work. Notwithstanding any provision of this Agreement, progressive payments may not exceed 80% for work performed on undefined contractual acts. A “contract law” means any act that gives rise to a contract within the meaning of subsection 2.1 of the FAR, including contractual amendments for additional supplies or services, but excluding contractual amendments that fall within the scope and under the terms of the contract, such as.
B contractual amendments issued under the amendment clause, or funding and other administrative changes. According to the majority opinion[viii], a payment clause if paid is a condition precedent of payment, and a clause of payment when paid is only a temporal provision. Recognizing the difference between these two types of payment clauses is therefore crucial as they can determine whether the contractor is obligated to make payments to a subcontractor if payment is never received from the owner. (5) In order to acquire or dispose of property owned by the Government under this clause for its own use, the Contractor shall obtain the prior approval of the Client for the measure and conditions. The Contractor must (i) exclude the attributable costs of ownership from the cost of performing the Contract and (ii) reimburse the Government for any unliquidated progressive payments attributable to the property. The refund can be made in cash or by credit note. (3) The approval of a claim for performance-related compensation by the Client does not constitute acceptance by the Government and does not release the Contractor from the performance of the obligations under this Contract. (ii) Request the Government to extend the due date of the payment until it can make the efT payment (see, however, point (d) of this clause). [x] Id.; but see Peacock Construction Co.c.
A.M. West, 111 Ga. App. 604, 142 P.E.2d 332 (1964), where the Court of Appeal of Georgia makes exactly the same provision as “… a clearly formulated condition precedent for the defendant`s liability for the final payment of the contract price. (a) Except as otherwise provided in this Agreement under a price reduction clause for erroneous certified costs or pricing data or a clause on cost accounting standards, all amounts payable by the Contractor to the Government under this Agreement shall become ordinary interest from the due date until payment, unless they are paid within 30 days of the due date. The interest rate is the rate of interest fixed by the Secretary of the Treasury pursuant to 41 U.S.C. 7109, which applies to the period during which the amount becomes due, as provided for in paragraph (e) of this clause, and then to the interest rate applicable to each six-month period determined by the Secretary until the amount is paid. 2.4. Braintree will only process Customer Data on behalf of and in accordance with the Licensee`s written instructions.
The parties agree that this Addendum is Merchant`s complete and final written instruction to Braintree with respect to Customer Data. Additional instructions outside the scope of this Addendum (if any) require prior written agreement between Braintree and Merchant, including agreement on any additional fees Merchant must pay Braintree for the execution of such Additional Instructions. Merchant will ensure that its instructions comply with all applicable laws, including data protection laws, and that processing Customer Data in accordance with Merchant`s instructions does not result in Braintree`s violation of data protection laws. Merchant hereby requests Braintree to process Customer Data for the following purposes: Merchant is properly organized, authorized, and honorable under the laws of the state, region, or country of its organization and is duly authorized to conduct business in any other state, region, or country/region in which Merchant`s business operates. (ii) Final payments based on the completion and acceptance of all work and the presentation of the release of all claims against the Government arising from the Contract, as well as payments for partial deliveries accepted by the Government (e.B each individual building, public works or any other division of the Contract for which the price is specified separately in the Contract). (ii) If the contract does not require the presentation of an invoice for payment (e.B periodic lease payments), the due date shall be as indicated in the contract. (h) Special conditions of delay. If this Agreement is terminated in accordance with the Default Clause, (i) the Contractor shall, upon request, return the amount of the unliquidated advance payments to the Government and (ii) ownership shall revert to the Contractor upon full liquidation of the advance payments for all property for which the Government decides not to require delivery in accordance with the Default Clause. The government is not responsible for any payment unless the default clause so provides. (e) The evaluation of the prices and financing conditions proposed by the tenderer shall include whether the performance-based payment events and payment amounts proposed by the tenderer are appropriate and compatible with all other conditions of the tenderer`s tender.
(i) substantially similar to the merit-based payment clause in FAR 52.232-32 and meeting the criteria and definition of performance-based payments in Part 32 of the FAR; (1) the wording of the proposed contract describing the contractual financing (see FAR 32.202-2 for appropriate definitions of payment methods); and (1) mortgages, pledges or other charges or charges of the Contractor`s assets that are now held or subsequently acquired, or that permit the remainder or associated with existing mortgages, liens or other charges on the Contractor`s assets used for the performance of this Agreement and in which the Government has a lien under this Agreement; The term of this Agreement will begin on the Effective Date and will continue until terminated as set forth herein. .
